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Mgman1965
Posts: 249 Forumite
My daughter moves into her new rental house on Saturday. Nice two bed starter home just right for her and her partner.
In the kitchen there is no fridge supplied which is not a problem she has bought one of her choice.
There is also a washing machine in situ (not intergrated) which is not new but is a high end one.
Landlord has told her they are responsible for any repairs to this machine if it goes wrong. I thought if an appliance was supplied the landlord is responsible for repairs and maintenance ?
As the machine is an unknown (it could already be broken or on its last legs) I have advised her to ask the landlord to remove it as not wanted and to buy a new one of her own.
Am I correct in advising her of this ?
In the kitchen there is no fridge supplied which is not a problem she has bought one of her choice.
There is also a washing machine in situ (not intergrated) which is not new but is a high end one.
Landlord has told her they are responsible for any repairs to this machine if it goes wrong. I thought if an appliance was supplied the landlord is responsible for repairs and maintenance ?
As the machine is an unknown (it could already be broken or on its last legs) I have advised her to ask the landlord to remove it as not wanted and to buy a new one of her own.
Am I correct in advising her of this ?
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Comments
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She really needs to check the tenancy agreement regarding the white goods.
Many LL's used to supply them unconditionally however in recent times it has become practice for some to impose conditions or to "gift" the appliance meaning it's in situ until there is a problem where it reverts to becoming tenant responsibility to repair or remove and put in situ their own appliance which of course they take when they leave.
No standard practice is in place now so it really is up to the LL to specify and if they have not,make sure you get in writing what the arrangement is.
Regarding the washing machine again in writing what happens going forward.
What happens if a repair is costly or not cost effective?
who supplies new one etc
personally as a LL I find the easiest thing is LL responsibility or for those who doint want that ,nothing supplied,the grey area of repairs can be problematic.in S 38 T 2 F 50
out S 36 T 9 F 24 FF 4
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My daughter moves into her new rental house on Saturday. Nice two bed starter home just right for her and her partner.
In the kitchen there is no fridge supplied which is not a problem she has bought one of her choice.
There is also a washing machine in situ (not intergrated) which is not new but is a high end one.
Landlord has told her they are responsible for any repairs to this machine if it goes wrong. I thought if an appliance was supplied the landlord is responsible for repairs and maintenance ?
As the machine is an unknown (it could already be broken or on its last legs) I have advised her to ask the landlord to remove it as not wanted and to buy a new one of her own.
Am I correct in advising her of this ?
Depends.
Does the LL expect there to be the same washing machine there when she leaves? Or is he saying "heres a washing machine, your are responsible for fixing it i dont care what happens when you leave whether its there or not or not working."
When my next door neighbour went away for a couple of years and let his house, there was a tumble dryer and wash machine left there "as is" with no expectation on him fixing them (or even on them working though they were)0 -
Worth being armed with the following though from the landlord perspective worth reading:
New Tax Relief For Landlords: Replacement Of Domestic Items
See also https://www.sidaways.co.uk/news/our-top-stories/archive/news-article/2017/October/expenses-landlords-can-deduct-from-rental-income
White Goods | Is the landlord responsible for them? (2017)Where White Goods have been supplied by the Landlord we recommend that they carry out any necessary repairs. However, should landlords wish to transfer the responsibility to tenants they will need to ensure that they include a comprehensive provision within the tenancy agreement. New goods may have been supplied with a warranty or guarantee and certainly a landlord can rely on these. However, as items age that will not be an option and so clear drafting is vital.
Original content from Pain Smith Solicitors landlord and tenant solicitors, London.
What Landlords Should Know About White Goods
(ref to repairing/maintenance obligations under section 11, Landlord & Tenant Act 1985 as it applies to certain tenancies)
Is the landlord responsible for the repair of kitchen white goods? (2013)Free thinker.:cool:0 -
[UPDATE
Daughter spoke to landlord today.
The washing machine was left by the previous tenant and is for her to do as she wants with and is not supplied by the landlord.0 -
I have heard that an MSE poll can be useful in determining who is responsible for repairs in a rental property.
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1) No. The previous tenant many have left the WM behind, with the LL's consent, but that means efffectively (in law) the WM now belongs to the landlord. It was a gift.[UPDATE
Daughter spoke to landlord today.
The washing machine was left by the previous tenant and is for her to do as she wants with and is not supplied by the landlord.
2) However, the LL is at liberty to pass responsiblity for maintenance/repair to the current tenant.
As links above show, a LL's statutory repairing obligations do not extend to a WM.
That leaves contractual repairing obligations, which are whatever the contract states. In this case the contract passes the obligation to the tenant, who agreed when he took on the contract.
The exception would be where the WM is an actual danger, either electrically, or under H&S regs.
Having said that - what do I know? Ignore me and run a poll - as shortcrust suggests above, that will give you the definitive legal answer.0 -
So your daughter is getting a free washing machine, she should be happy, especially if it is a high end one, saves her buying one immediately. All that matters is that she has it in writing that she is free to do what she wants of it, including disposal.0
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If it's being left should it not at least be Safety tested first or is that not necessary if being left for the new tenant to do as she wishes? Given the potential fire risk of white goods with an unknown history ...0
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The LL cetainly has a legal responsibility to ensure that all electrical appliances provided, including this washing machine, are safe.If it's being left should it not at least be Safety tested first or is that not necessary if being left for the new tenant to do as she wishes? Given the potential fire risk of white goods with an unknown history ...
But he does not have a legal obligation to have it inspected - as would be the case with a gas appliance.0
This discussion has been closed.
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